Retrieving Stolen Property

[Giffordd]

I had my car stolen and due to residing in a small community it did not take long to find the individual responsible. I contacted LE, they attempted to contact the person, who had a lengthy criminal hx but they could not catch him at home so they just ignored my complaint. One evening I was watching the persons house to see if and when they would return home and they drove up in their driveway. Long story short I demanded my car back, the individual picked up a logging tie down chain and started swinging; I drew my firearm and told him to drop the chain, he quickly complied. The next day he filed a complaint against me for threatening him with a firearm, I was arrested and charged with intimidation with a weapon (I had a CCW permit) they confiscated my gun and put me on two years probation. Nothing was ever done about him stealing my car and it took me three years to get the charge expunged from my record which again gave me a clean criminal hx. The law works in strange ways.

[DefensiveCarry.com]

[deafdave3]

I had my car stolen and due to residing in a small community it did not take long to find the individual responsible. I contacted LE, they attempted to contact the person, who had a lengthy criminal hx but they could not catch him at home so they just ignored my complaint. One evening I was watching the persons house to see if and when they would return home and they drove up in their driveway. Long story short I demanded my car back, the individual picked up a logging tie down chain and started swinging; I drew my firearm and told him to drop the chain, he quickly complied. The next day he filed a complaint against me for threatening him with a firearm, I was arrested and charged with intimidation with a weapon (I had a CCW permit) they confiscated my gun and put me on two years probation. Nothing was ever done about him stealing my car and it took me three years to get the charge expunged from my record which again gave me a clean criminal hx. The law works in strange ways.

What is "hx"?

[EB31]

I'm going to say that I think you got off easy with probation. You essentially stalked a man, confronted him on HIS property and pulled a weapon on him......not smart imho. Definitely not the way to go about dealing with things.

[Back 40]

I guess this Is a great lesson for alot of folks as to when to leave somethings to the guys with the badge. I could only imagine how upset I would be if I were in the same position but you have to remember to call in the LEO's and let them do their job and if your weapon clears the holster you need to be the first to call it in.

[tacman605]

Dave Hx=History

Yeah sounds like you pushed your luck a bit, not doubting your story but there are always two sides to everything. Glad you got it taken care of.

[INccwchris]

so in an effort to recover your own property you took your weapon and essentially tried to steal it back when you confronted a man on his property who defended himself with a tire chain, i think you got off easy, you went off half-cocked and took the law into your own hands, there is a reason we have men with badges AND guns, not just guns. let them do their job and stay back, IMHO you should not have gotten your permit back since you obviously did not take the time to learn the difference in justified self-defense or the fact that a permit is not a badge. You deserve what you got, because in essence, even though it was your property you were stealing back, you committed armed robbery or at the least assault with a deadly weapon.

[SecPro]

You screwed yourself on this one. You should be lucky that the individual in question didn't have a firearm himself and shot you. Approaching someone on there property for anything like that is a iffy subject.

[retsupt99]

You should have continued the paper trail with the cops...bugged them until something was done. The cost and hassle of clearing your record wasn't worth what was taken...I assume.
As for the dirtbags across the street...they will eventually see justice from the 'Cosmos'. You may not see it, but it's just floating around and waiting to strike.

[Saber]

It doesn’t appear the LEO(s) were all that interested in the stolen vehicle as a crime. As for your vehicle recovery after the fact, it’s hard to understand why the guy went postal on you. Sorry, but based on your account it just seems there is more to this story. In any event, its best to let the authorities do the police work to prevent you from going from a victim to a suspect. In fact, this event reads a little bit like the O.J. case in Las Vegas.

The gun I carry is an ace up my sleeve that I hope I never have to use. Especially over a car or any other replaceable object.

[merlin82plus]

Some states (like FL) will allow use of deadly force to stop a burglary, if it's the only way you can reasonably stop your property from being taken. I don't know the laws where you live. Either way, I can understand the desire to take your property back, but that's what car insurance is for. You have to ask yourself if your car is worth taking someone's life over, plus the potential consequences (trials, wrongful death suits by family, etc).

[Jet Doc]

+1 for INccwchris. Very eloquently stated! This type reaction is why ccw catches a bad rap.

[OldVet]

Some states (like FL) will allow use of deadly force to stop a burglary, if it's the only way you can reasonably stop your property from being taken. I don't know the laws where you live. Either way, I can understand the desire to take your property back, but that's what car insurance is for. You have to ask yourself if your car is worth taking someone's life over, plus the potential consequences (trials, wrongful death suits by family, etc).

Deadly force is allowed against threat of death, serious bodily harm, or rape, not necessarily a simple burglary, which is not a threat against life and limb.

I, too, feel there's more to this story than posted. For whatever reason, guy pulls chain, Guy2 pulls gun; guy2 gets arrested? Cops won't respond?

[MrGray]

One evening I was watching the persons house to see if and when they would return home and they drove up in their driveway.

So I'm confused. This guy stole your car. Later, you engage in some surveillance, and find the guy driving your car, and he parks it.

What prevented you from just waiting until he's left the car and gone somewhere else, and then unlock the car with your key, get inside, start that puppy up, and drive to the police station, where you could invite them to search the car for drugs or other evidence of criminal activity?

It's not like you can be accused of stealing a car you actually own.

[nutz4utwo]

How long ago did this all occur?

Did you file a police report after the car was stolen?

Taking a few photos of the stolen car and bring them down to the police station in person may have caused more action on behalf of the police. I assume your car was properly registered, insured, and you have the title? Did you call your insurance company?

Confronting someone rarely goes well. That is why the sheriff comes when you do evictions.

Any time you draw your firearm on someone, you should call 911 and report it ASAP. By not reporting it and letting this guy report it, he appears to be more of a victim.

[Ram Rod]

I've seen ads on Craigslist for 'collection agents' before. I just don't meet the minimum requirements for height and weight. Otherwise these might be some attractive gigs in between my contract obligations. Thing is.....you always need to be on the right side of the law, or have the law behind you when you get into such things. Poor decisions cost you, and doing things the right way most often take time.